|This document (together with the documents mentioned in it) establishes the conditions governing the use of this website and the purchase of products on it (hereinafter, the “Conditions”).|
Please read the Conditions carefully before using this website. By using this website or placing an order through it, you agree to be bound by these Conditions, so if you do not agree with all the Conditions, you should not use this website.
These Conditions could be modified. It is your responsibility to read them periodically, since the conditions in force at the time of use of the website or the conclusion of the Contract (as defined below) will be those that are applicable to you.
The Agreement (as defined below) may be executed, at your option, in any of the languages in which the Conditions are available on this website.
|This website is operated under the name Yumegastro.com by YUME GASTRO, who owns it, with address at C/San Bernardo 16 33402 Avilés (Asturias):|
|YOUR DATA AND VISITS TO THIS WEBPAGE|
|USE OF OUR WEBPAGE|
|By using this website and/or placing orders through it, you agree to:|
a. Make use of this website only to make legally valid queries or orders.
b. Do not make any false or fraudulent order. If it could reasonably be considered that an order of this nature has been made, we will be authorized to cancel it and inform the relevant authorities.
c. Provide us with your email address, postal address and/or other contact information truthfully and accurately. You also agree that we may use this information to contact you if necessary (see our Privacy Statement).
If you do not provide us with all the information we need, we will not be able to process your order.
By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.
|5. CONCLUSION OF THE CONTRACT|
|No contract will exist between us in relation to any product until your order has been expressly accepted by us. If your offer is not accepted and a charge has already been made to your account, the amount will be fully refunded.|
To place an order, you must follow the online purchase procedure and click on “Authorize payment”. After this, you will receive an email acknowledging receipt of your order (the “Order Confirmation”). Please note that this does not mean that your order has been accepted, as it constitutes an offer by you to us to purchase one or more products. All orders are subject to our acceptance, of which you will be informed by email confirming that the product is being shipped (the “Shipping Confirmation”). The contract for the purchase of a product between us (the “Contract”) will be formalized only when we send you the Shipping Confirmation.
Only those products listed in the Shipping Confirmation will be subject to the Contract. We will not be obliged to supply you with any product that may have been ordered until we confirm the shipment of the same in a Shipping Confirmation.
|6. AVAILABILITY OF THE PRODUCTS|
|All product orders are subject to product availability. In this sense, if there are difficulties regarding the supply of products or if there are no items in stock, we reserve the right to provide you with information about substitute products of equal or higher quality and value that you can order. If you do not wish to place an order for these substitute products, we will refund any amount you may have paid.|
|7. IMPOSSIBILITY TO PROCESS AN ORDER|
|We reserve the right to withdraw any product from this website at any time and to remove or modify any material or content on it. Although we will do our best to always process all orders, there may be exceptional circumstances (such as a fire or major disaster) that require us to refuse to process an order after we have sent the Order Confirmation; in this case, unfortunately, we will not be able to attend to your request. We will refund everything paid, compensating, where appropriate, the damage caused.|
|8. IMPOSSIBILITY OF DELIVERY|
|If after three attempts we are unable to deliver your order, we will try to find a safe place to leave it. Likewise, we will leave you a note telling you where your order is and how to pick it up. If you are not going to be at the place of delivery of the order at the agreed time, please contact our logistics operator to arrange delivery on another day.|
In any case, to pick up your order, you will have a period of 10 days from the date on which you are informed that your order is available, following the procedure established in these Conditions. If after this period you have not collected your order, we will understand that you wish to withdraw from the Contract and we will consider it resolved. As a result of the termination of the Contract, we will refund the price paid for such products as soon as possible and, in any case, within a maximum period of 30 days from the date on which, in accordance with the provisions of this Clause, we consider the Contract to be terminated. , discounting the shipping and return costs.
|9. TRANSFER OF OWNERSHIP OF THE PRODUCTS|
|The product will be at your expense from the moment of its delivery.|
|10. PRICE AND PAYMENT|
|The price of each product will be the one stipulated at any time on our website, except in the case of manifest error. Although we try to ensure that all prices on the page are correct, errors may occur.|
If we discover an error in the price of any of the products that you have ordered, we will inform you as soon as possible and we will give you the option of maintaining this price or canceling it. Please notify us of any anomaly in prices.
The prices on this website do not include shipping costs, which will be added to the total amount due as detailed in the corresponding section.
Prices may change at any time, but (except as stated above) any changes will not affect orders for which we have already sent you a Shipping Confirmation.
Once you have made your purchases, all the items you wish to buy will have been added to your basket and the next step will be to process the order and make the payment.
You can make the payment with Visa, Visa electron, Mastercard, or PayPal. To minimize the risk of unauthorized access, your card details will be encrypted.
By clicking “Authorize Payment” you are confirming that the credit card is yours or that you are the legitimate owner.
Credit cards will be subject to checks and authorizations by the issuer of the same, but if said entity does not authorize the payment, we will not be responsible for any delay or non-delivery and we will not be able to formalize any Contract with you.
|11. LIABILITY AND RELEASE OF LIABILITY|
|Unless expressly provided otherwise in these Conditions, our liability in relation to any product purchased on our website will be strictly limited to the purchase price of said product.|
|12. INTELLECTUAL PROPERTY|
|You acknowledge and agree that all copyright, registered trademark and other intellectual property rights over the materials or content provided as part of the website correspond at all times to us or to those who granted us a license for its use. You may use such material only as expressly authorized by us or those who granted us a license for its use. This will not prevent you from using this website to the extent necessary to copy information about your order or contact details.|
|13. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS|
|You agree not to make improper use of this website by intentionally introducing viruses, Trojans, worms, logic bombs or any other program or technologically harmful or damaging material. Nor will you try to have unauthorized access to this website, the server on which said page is hosted or any server, computer or database related to our website.|
Failure to comply with this clause could lead to the commission of offenses typified by the applicable regulations. We will report any breach of these regulations to the appropriate authorities and we will cooperate with them to discover the identity of the attacker. Likewise, in case of breach of this clause, you will immediately cease to be authorized to use this website.
We will not be responsible for any damage or loss resulting from a denial-of-service attack, virus or any other technologically harmful or harmful program or material that may affect your computer, computer equipment, data or materials as a result of the use of this website or of downloading content from it or to which it redirects.
|14. WRITTEN COMMUNICATIONS|
|The applicable regulations require that part of the information or communications that we send you be in writing. By using this website, you agree that most of your communications with us will be electronic. We will contact you by email or provide you with information by posting notices on this website. For contractual purposes, you are aware of using this electronic means of communication and you acknowledge that all contracts, notifications, information and other communications that we send you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.|
|The notifications that you send us should preferably be sent through our email firstname.lastname@example.org. In accordance with the provisions of the previous clause, and unless otherwise stipulated, we may send you communications either to the e-mail or to the postal address provided by you when placing an order. It will be understood that the notifications have been received and have been correctly made at the moment they are posted on our website, 24 hours after an email has been sent, or three days after the postage date of any letter. To prove that the notification has been made, it will suffice to prove, in the case of a letter, that it had the correct address, was correctly sealed and that it was duly delivered by post or in a mailbox and, in the case of an email , that it was sent to the email address specified by the recipient.|
|16. EVENTS OUT OF OUR CONTROL|
|We will not be liable for any failure to perform or delay in performance of any of our obligations under a Contract that is caused by events beyond our reasonable control (“Force Majeure Event”).|
Causes of Force Majeure will include any act, event, failure to exercise, omission or accident that is beyond our reasonable control and, among others, the following:
1 Strikes, lockouts or other protest measures.
2 Civil commotion, riot, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
4 Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.
5 Impossibility of using public or private telecommunications systems.
6 Strike, failures or accidents of sea or river transport, postal or any other type of transport.
It will be understood that our obligations derived from the Contracts will be suspended during the period in which the Cause of Force Majeure continues, and we will have an extension in the term to fulfill said obligations for a period of time equal to the duration of the Cause of Force Majeure. We will use all reasonable means to end the Force Majeure Cause or to find a solution that allows us to fulfill our obligations under the Contract.
|17. ENTIRE AGREEMENT|
|These Conditions and any document expressly referred to in them constitute the entire agreement between us and you in relation to the subject matter of the Contract and replace any other agreement, agreement or previous promise agreed between you and us verbally or by written.|
Both you and we acknowledge having consented to the execution of the Agreement without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by the two before said Agreement, except as expressly stated mentioned in these Conditions.
Neither you nor we will have any remedy against any misrepresentation made by the other party, verbal or written, prior to the date of the Contract (unless such misrepresentation was made fraudulently) and the only remedy available to the another party will be for breach of contract in accordance with the provisions of these Conditions.
|18. OUR RIGHT TO MODIFY THESE TERMS|
|We have the right to review and modify these Terms at any time. You will be subject to the policies and Conditions in force at the time you use this website or make each order, unless by law or decision of government agencies we must make retroactive changes in said policies, Conditions or Privacy Statement, in which In this case, the possible changes will also affect the orders that you have previously made.|
|19. APPLICABLE LAW AND JURISDICTION|
|The use of our website and the contracts for the purchase of products through said website will be governed by Spanish law. Any controversy that arises or is related to the use of the website or with said contracts will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.|
If you are contracting as a consumer, nothing in this clause will affect the rights recognized by current legislation as such.